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Patent Filing in Austria

Austria is a member of both PCT and Paris Convention. Patent application can be filed in Austria either by the route of PCT or by filing directly as a conventional application.

Patent can be filed as provisional application first; then decide between filing a standard, innovation or PCT patent application.

Term of patent: 20 years from the date of filing Patent Office: Austria Intellectual Property Office

 

Paradigm to obtain a patent in Austria:-
  • Filing of patent application
  • Publication of the application after 18 months from the filing date or first priority date.
  • Examination can be requested at any time within three years from the date of filing.
  • Compliance with the examiners office action within the given time
  • Acceptance (Notice of Allowance) or rejection.
  • Payment of the Issue Fees.
  • Pay annual fees to maintain your patent. Innovation patents can be renewed for up to eight years and standard patents can be renewed for up to 20 years (up to 25 years for pharmaceuticals).

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Documents required for filing of Patent Application in Austria

1. PCT National Phase patent filing

  • WIPO publication
  • International search report
  • International preliminary examination report (chapter II)
  • German Translation of the specification
  • Power of Attorney, notarization not required

2. Conventional patent Filing

  • complete specification
  • formal drawing, if any
  • certified copy of the priority document
  • German translation of the specification & priority document
  • Power of Attorney, notarization not required
Remarks:
  • German translation of the specification should be filed during the filing
  • Austria is automatically included in a European (EPO) regional phase filing
  • Timeline for national phase entry in Austria is 30 months
  • Timeline for conventional filing is 12 months from the date of priority